-113C)
NON PECUNIARY DAMAGE
308. Non pecuniary damage may include distress and suffering caused the direct
victims and their relations, tampering with the victim’s core values as well as and the
alterations of a non pecuniary nature in the persons’ or their families’ living
conditions. As it is impossible to assess the value of the non pecuniary damage
sustained in a precise equivalent in money, full reparation to the victims in such cases
must be effected only by paying the victim an amount of money or by delivering
property or services the worth of which may be established in money, such as the
Court may determine exercising reasonably its judicial discretion and applying
equitable standards, or by actions or works reaching the general public, the effect of
which be to recognize the victim’s dignity and to avoid new violations of human
rights.177 The first aspect of reparation of non pecuniary damage will be analyzed in
this section and the second one in section D) of this Chapter.
309. The judgment, according to repeated international precedents, constitutes, in
and of itself, a form of reparation.178
310. The Court deems it necessary to establish a compensation for non pecuniary
damage sustained by the victims who are the beneficiaries of orders of amparo
directing reinstatement that have not been complied with (supra paras. 232, 235,
236, 245, 249 and 253). Non-compliance with the judgments acknowledging the
rights of the victims resulted in serious consequences to their professional, personal
and family life.
311. Owing to the fact that the workers have not been reinstated to their jobs or to
similar positions, something which resulted in their not being able to exercise the right
to work under decent and just conditions and to be paid a remuneration in
consideration thereof that would enable the victims and their next of kin to enjoy a
decent standard of living, the workers were deprived of access to economic welfare
and to the means that would allow them to provide their next of kin with better
health, housing and educational conditions, among other things. Besides, the Court
takes into account that the failure to reinstate the workers to their positions has a
direct impact on the mood of the unemployed individuals, affecting their personal and
family relationships, and lowering their self-esteem.
312. Considering the various aspects of the non pecuniary damage caused, the
Court, determines, on equitable grounds, the value of compensations in the amount of
US$ 3,000 (three thousand United States Dollars) or the equivalent amount in
Peruvian currency, that the State must pay, within fifteen months, to the victims
having obtained orders of amparo directing reinstatement that have not been
complied with, or to their successors, as provided in paragraphs 210 to 236, 242 to
270 and 272 to 275 of this Judgment.
D) OTHER FORMS OF REPARATION
177
Cf. Case of Blanco-Romero et al, supra note 24, para. 86; Case of García-Asto and Ramírez-Rojas,
supra note 16, para. 276; and Case of Gómez-Palomino, supra note 21, para. 130.
178
Cf. Case of Blanco-Romero et al, supra note 24, para. 87; Case of García-Asto and Ramírez-Rojas,
supra note 16, para. 268, and Case of Gómez-Palomino, supra note 21, para. 131.
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